Bharti vs State Of U.P.
2012 Latest Caselaw 1455 ALL

Citation : 2012 Latest Caselaw 1455 ALL
Judgement Date : 8 May, 2012

Allahabad High Court

Bharti vs State Of U.P. on 8 May, 2012

Bench: Arvind Kumar Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11268 of 2012
 

 
Petitioner :- Bharti
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Rajesh Kumar Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant contended that the applicant is Devar of the deceased. He was falsely implicated in the present case. It appears that it was an accidental burn case. However the false and concocted F.I.R. was lodged on 6th September, 2010 with regard to the incident dated 05.09.2010. Applicant was living separately with the deceased. Hence he is entitled for bail. He is in jail since 19.11.2010.

Learned A.G.A. opposed the prayer for bail and submitted that there is a dying declaration of the deceased Smt. Sundari . According to her statement applicant, co-accused Pinto and mother-in-law(Chachiya Saas) put her on fire after sprinkling kerosene oil, hence he is not entitled for bail

Considered the submission of counsel for the parties, nature of allegation, gravity of offence, role of the applicant, at this state, it is not a fit case for bail.

Accordingly, the present bail application is hereby rejected.

Order Date :- 8.5.2012

N Tiwari